will probate in Florida

[don braunstein]

My wife's father died 2 weeks ago in Broward County Florida. She was told a while ago by her father that he was leaving her a part of his estate and her brother would be the executor of her will. Her brother has no scruples and has not contacted my wife since the funeral. How long does he have to notify her of the terms of the will and then how long does he have before he must send her her inheritance?

 

[advisor10]

12-11-2001

DEAR DON:

Your wife can request a copy of the will from the executor, just to get an idea of what it says, but the executor is now busy taking care of handling the affairs of the estate--so it could take anywhere from a month or 2 before she receives anything.

The executor has to start claiming assets and paying outstanding bills (funeral expenses, creditors, taxes, etc) and can not make a distribution to heirs until the bills are paid.

I wouldn't wait around for the brother to contact her--she should take the initiative and contact him to request a copy of the will. Before contacting him, she should check at the county courthouse with the probate court to see if the will has been filed yet--if it has been, she can look at it or request a copy without having to bother her brother.

SINCERELY,

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